Filed: Feb. 23, 2016
Latest Update: Feb. 23, 2016
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . Unopposed recommendation, No. 17, adopted with two material corrections. FED.R.CIV.P.72(b) (1983 addition to advisory committee notes). First, Rodriguez was sentenced in the state case on 25 July 2008, not 13 February 2008. Compare No. 17 at 3 with No. 17 at 4 and No. 14-1 at 60. Second, the quote at the bottom of page five should begin, "Pursuant to the doctrine of primary jurisdiction, service of a federal sentence generally commences when t
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . Unopposed recommendation, No. 17, adopted with two material corrections. FED.R.CIV.P.72(b) (1983 addition to advisory committee notes). First, Rodriguez was sentenced in the state case on 25 July 2008, not 13 February 2008. Compare No. 17 at 3 with No. 17 at 4 and No. 14-1 at 60. Second, the quote at the bottom of page five should begin, "Pursuant to the doctrine of primary jurisdiction, service of a federal sentence generally commences when th..
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ORDER
D.P. MARSHALL, Jr., District Judge.
Unopposed recommendation, No. 17, adopted with two material corrections. FED.R.CIV.P.72(b) (1983 addition to advisory committee notes). First, Rodriguez was sentenced in the state case on 25 July 2008, not 13 February 2008. Compare No. 17 at 3 with No. 17 at 4 and No. 14-1 at 60. Second, the quote at the bottom of page five should begin, "Pursuant to the doctrine of primary jurisdiction, service of a federal sentence generally commences when the United States takes primary jurisdiction and a prisoner is presented to serve his federal sentence, not when the United States merely takes physical custody of a prisoner who is subject to another sovereign's primary jurisdiction." Elwell v. Fisher, 716 F.3d 477, 481 (8th Cir.2013).
Rodriguez's petition will be dismissed with prejudice. No certificate of appealability will issue.
So Ordered.
